Philippine Bar review · Question

Practice question: Probationary

Multiple Choice Hard

Practice question

A probationer meets all disclosed standards. Management nevertheless alleges nonqualification solely because it prefers replacing the worker with a relative. No just or authorized cause or different lawful basis exists. Which is correct?
  1. Probationary status does not authorize that arbitrary removal.
  2. Probation eliminates security of tenure.
  3. Personal preference always proves failure.
  4. A relative’s availability supplies a statutory cause.
  5. Every probationer may be dismissed without a legal basis.

Legal references

  • Labor Code Articles 83, 295-296 and 301 (renumbered 280-281 and 286): https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html
  • Sagarino v. Toplis Solutions, Inc., G.R. No. 267379, October 15, 2025, main decision: https://lawphil.net/judjuris/juri2025/oct2025/gr_267379_2025.html

Answer this question in flashcards to review your response and continue practicing.